Terms and conditions of sale
Effective 06/12/2022
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as « GTCS ») apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers (« Customers or the Customer »), wishing to acquire the products offered for sale (« Products ») by the Vendor on the www.myshootingphoto-galerie.fr website.
The Products offered for sale on the site are the following: photographs of people and sales of digital and physical photographs (paper prints) representing the photographed Customer(s).
The main characteristics of the products, and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com website, which the customer is obliged to read before ordering.
Our office is open Monday to Friday from 9:00 am to 7:00 pm and Saturday from 9:00 am to 1:00 pm.
We offer photo sessions from Monday to Sunday from 9:00 am to 7:00 pm.
If the customer is late, the photographer may decide to leave 15 minutes after the scheduled appointment time. In any case, the customer must inform the photographer of any delay. If the photographer has no other appointments after the photo session with the Customer, he may extend the session by 5 minutes at no extra charge.
The choice and purchase of a product are the sole responsibility of the customer.
Product offers are subject to availability on the www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com websites, as specified when the order is placed.
These General Terms and Conditions of Sale are accessible at all times on the www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com websites and shall prevail over any other document.
The customer declares that he/she has read and accepted these terms and conditions of sale by checking the appropriate box before placing an order online at www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com.
In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer. The Vendor’s contact details are as follows:
SASU MSP
78 avenue des Champs-Élysées
75008 Paris
The company is represented by its president Mr Stéphane Chouan.
Company SIREN number: 888 112 547.
Email : hello@myshootingphoto.fr. Phone number: +33667404235
ARTICLE 2 – PRICES
The Products are supplied at the prices in force on the sites www.myshootingphoto-galerie.fr, at the time the order is registered by the Vendor. Prices are expressed in Euros, excluding VAT and including VAT. Prices take into account any discounts granted by the Vendor on the site
www.myshootingphoto-galerie.fr.
Except for special corporate packages, the photo session itself is free. There is no obligation to purchase. A non-refundable booking fee of €6.90 incl. VAT will be charged.
Each photo download will be sold for €25 incl. VAT. A minimum order of 2 photos is required (value: €50 inc. VAT).
The customer may purchase the following packs:
– A pack of 5 photos for download for €100 incl. VAT
– A pack of 10 photos for download for €149 incl. VAT
– All the photos in the gallery for €249 incl. VAT (price for a 30-minute photo session).
The prices of 100€ and 149€ apply only to 30-minute photo sessions. If several photo sessions of the same customer are simultaneously on the sales site, then the price profiles « 100€ TTC » and « 149€ TTC » will no longer be active for the purchase of photographs. If a customer has already purchased a €149 (incl. VAT) package for a first shoot, he/she will again be able to benefit from the €149 (incl. VAT) rate for 10 photos for a second shoot, even if the second shoot was carried out during the same period.
The price of 349€ (incl. VAT) will apply for the entire album containing all the photos for a one-hour shoot, and this package will be pre-payable.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time.
Prices do not include shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these charges. An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered. Certain orders may be subject to a previously accepted quotation. Quotations drawn up by the Vendor are valid for 14 days from the date of issue. The quotation may be reissued at the customer’s request within 2 weeks of the end of the first quotation period.
Any quotation accepted constitutes a contract which takes effect on acceptance, signature and payment. A deposit may be requested.
Customers may use their photographs for the following purposes: websites, social networks, dating sites, personal use. They may not, however, be used in any advertising campaign (advertising to promote a product, service, artistic, cultural or literary production of any kind) without our agreement and that of the photographer. In this case, the customer must contact us by email: hello@myshootingphoto.fr.
ARTICLE 3 ORDERS
It is the Customer’s responsibility to select the products they wish to order on the www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com website, in accordance with the following procedures:
The Customer can find his photographs on the site www.myshootingphoto-galerie.fr.
The Customer may choose a product and place it in the shopping basket. Payment is made by credit card or Paypal.
Once the order has been validated, the Customer receives automatic confirmation by email. Should the Customer’s address prove to be incorrect, My Shooting Photo declines all responsibility. The Customer should then contact My Shooting Photo by email at hello@myshootingphoto.fr. A second email will be sent with all the information concerning the purchase. Product offers are valid as long as they are visible on the site, while stocks last. The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any error within 1 week.
Any order placed on the www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com websites constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order. The customer will receive an email from the www.myshootinphoto-galerie.fr or www.shop.myshootingphoto.com websites confirming the order, and another email so that the customer can download the photos and/or informing the customer that the order has been processed.
With regard to the services offered on the website, travel expenses are free in the cities listed on the website in the « Our cities » section (excluding services provided for companies and specific requests that do not correspond to the choice of locations listed on the websites). Charges may apply for services rendered outside the cities listed on the website; the Vendor may draw up an estimate and submit it to the Customer for acceptance.
ARTICLE 3 BIS – CUSTOMER AREA – ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space).
To do so, he/she must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.
The Customer is responsible for updating the information provided. Customers are informed that they can modify this information by logging into their account.
To access his personal space and order history, the Customer must identify himself using his strictly personal user name and password, which will be sent to him after registration. The Customer agrees not to divulge them to any third party. Should he/she do so, he/she shall remain solely responsible for any use made thereof.
The Customer may also request to unsubscribe by going to the dedicated page in his/her personal space or by sending an email to: hello@myshootingphoto.fr. Unsubscription will take effect within a reasonable time and the customer will be informed by email.
In the event of non-compliance with the general terms and conditions of sale and/or use, the www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com websites may suspend or even close a customer’s account after a formal notice has been sent by e-mail and has remained without effect.
Any account deletion, for whatever reason, will result in the deletion of all the customer’s personal information.
The Vendor shall not be held liable for any event of force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of these terms and conditions of sale.
My Shooting Photo is not responsible for e-mails that are not read by the customer or that are in the customer’s spam folder.
ARTICLE 4 – TERMS OF PAYMENT
On the www.myshootingphoto-galerie.fr website, the price is paid by secure payment using the following methods:
payment by credit card
payment by Visa
payment by Master Card
payment by Maestro
payment by American Express
payment by Paypal
payment by cheque with proof of posting to the following address: MSP – 78 avenue des Champs-Elysées, 75008 Paris – France.
ARTICLE 4 – TERMS OF PAYMENT
On the www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com website, the price is paid by secure payment using the following methods:
payment by credit card
payment by Visa
payment by Master Card
payment by Maestro
payment by American Express
payment by Paypal
payment by cheque with proof of posting to the following address: MSP – 63 rue des Pyrénées, 75020 Paris – France.
ARTICLE 5 – DELIVERIES
Products ordered by the Customer will be delivered in mainland France.
The digital versions of the photographs will be available in the online sales gallery within 72 hours of the end of the photo session. Delivery will be made to the address indicated by the Customer when ordering on the site. The delivery time for the photo print(s) purchased by the Customer shall not exceed 2 weeks for all orders placed in Metropolitan France and shall be 1 month maximum for all destinations outside Metropolitan France.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within the time limits stipulated above, the customer may request reimbursement of the order from the end of the maximum delivery period. For any reason other than force majeure or the customer’s own fault, the sale may be cancelled at the customer’s written request under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The Customer must check the condition of the products delivered. The Customer has 7 days from delivery to make any claims by e-mail, accompanied by all relevant supporting documents (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTC.
The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.
The photos will be offered for sale for 1 month on the My Shooting Photo website from the time the album is put online. During this period, the Customer may place his/her order(s) at any time.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the order is placed by the Customer in accordance with the terms and conditions specified in these general terms and conditions of sale.
ARTICLE 8 – SELLER’S LIABILITY – WARRANTIES
Products supplied by the Vendor are covered by :
the legal guarantee of conformity, for defective, damaged or damaged Products or Products which do not correspond to the order,
the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal warranties Article L217-4 of the French Consumer Code « The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. »
Article L217-5 of the French Consumer Code « The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
– If it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
– If it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter. »
Article L217-12 of the French Consumer Code: « The action resulting from a lack of conformity is prescribed by two years from the date of delivery of the goods ».
Article 1641 of the French Civil Code. « The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code: « The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article L217-16 of the French Consumer Code. « When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer’s request for service, or from the date the item in question is made available for repair, if this is subsequent to the request for service. »
In order to assert his rights, the Customer must inform the Vendor, in writing to the following e-mail address hello@myshootingphoto.fr, of the non-conformity of the Products or of the existence of hidden defects from the time of their discovery.
The Vendor will refund or replace Products deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller’s finding of the non-conformity or hidden defect. Reimbursement may be made by bank transfer or cheque.
The Vendor may not be held liable in the following cases: – non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check, – in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure. – The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor.
The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
ARTICLE 9 – PERSONAL DATA
The Customer is informed of the use of cookies when visiting the My Shooting Photo www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com websites.
The Customer is informed that the collection of his/her personal data is necessary for the sale of the Products and their delivery, entrusted to the Seller. This personal data is collected solely for the purpose of executing the sales contract.
9.1 Collection of personal data The following personal data is collected on the www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com websites: Account opening When creating a customer/user account: Name, first name, postal address, telephone number and e-mail address. Payment.
In the context of payment for Products offered on the www.myshootingphoto-galerie.fr site, the latter records financial data relating to the Customer/user’s bank account or credit card.
9.2 Recipients of personal data Personal data is reserved for the sole use of My Shooting Photo.
9.3 Data controller: My Shooting Photo – email: hello@myshootingphoto.fr.
The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period The Vendor will retain the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
9.7 Customer and user rights
In application of the regulations applicable to personal data, customers and users of the www.myshootingphoto-galerie.fr website have the following rights:
– They may update or delete their personal data in the following ways:
by sending an e-mail to hello@myshootingphoto.fr.
They may delete their account by writing to the e-mail address indicated in article 9.3 « Data controller ».
They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 « Data controller ».
If the personal data held by the Vendor is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 « Data controller ».
If the personal data held by the Vendor is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 « Data controller ».
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 « Data controller ».
They may also request the portability of data held by the Vendor to another service provider.
Finally, they may object to the processing of their data by the Vendor. These rights, provided they do not object to the purpose of the processing, may be exercised by sending a request
request by e-mail (hello@myshootingphoto.fr) to the data controller whose contact details are given above. The data controller must reply within a maximum of one month. Any refusal to grant the Customer’s request must be justified. Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Vendor. Customers may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the www.myshootingphoto-galerie.fr or www.shop.myshootingphoto.com websites is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These GCS and the transactions arising therefrom are governed by and subject to French law.
These GCS are written in French. Should they be translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 – DISPUTES
For all complaints, please contact the Seller’s customer service department by e-mail, as indicated in ARTICLE 1 of these GTC.
The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
In this case, the designated mediator is Médiation – vivons mieux ensemble 465 avenue de la Libération 54000 NANCY https://www.mediation-vivons-mieux-ensemble.fr/ E-mail: mediation@vivons-mieux-ensemble.fr. Customers are also informed that they may also use the Online Dispute Resolution platform
(RLL):https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising out of or in connection with the purchase or sale of goods under these GTS, which are not settled amicably by the seller or by mediation, shall be referred to the competent courts under the conditions of ordinary law.